the problem was the obama administration hit the ball during the election. they wouldn't tell the states what they were going to be responsible for. as a result, governors did not want to sign up for this thing in early november. as a consequence, now that task has shifted to the federal government and they're no way in the world up to that task. >> brian: the supreme court says states do not have to and a lot of them are saying, like texas, thank you, but no thanks. >> that's absolutely correct. >> brian: congressman, always great having you on. thanks so much. >> thank you. >> brian: 18 after the hour. up next, one of our favorite "fox & friends" friends. angie harmon. she is here live pretending as if i'm not looking at her. i know. i could see you. then this guy busted his way into a home, shooting up the place. so who helped crack the case? a dog. even the real cops can't believe it. one. two. three. my credit card rewards are easy to remember with the bankamericard cash rewards credit card. earn 1% cash back everywhere, every time. [ both ] 2% back on